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A2, A3 and A4 are stated to be having maintained a regular liaison with Abu Salem (A9), known to be the right hand man of Dawood Ibrahim. The said A9 was contacted by A2, A3 and A4 on telephone Nos.226670, 242939 at Dubai.

One day in the second week of February, 1994 at about 10 p.m. telephone bell rang in the house of Pradeep Jain. When Jyoti Pradeep Jain (PW23), the widow of the deceased picked up the telephone, the caller told her that he was Abu Salem and was speaking from Dubai. As he wanted to speak to Pradeep Jain, Jyoti Pradeep Jain handed over the receiver to her husband. Pradeep Jain was heard telling Abu Salem that he, along with his brothers were legal occupants of the land and could not be removed therefrom. When Pradeep Jain appeared upset, his wife inquired for the cause. Pradeep Jain told her that the person calling from Dubai had told him to sign the documents which had been kept ready in the office of A1 or face the consequences.

On 7.3.1995, the day of occurrence at about 8-8.15 p.m. A4 telephoned the office of Kamla Constructions and inquired from Sunil Jain (PW15) as to who all were present in the office. When told that besides PW15, Pradeep Jain and Anil Kumar Pillai (PW11) were in the office, A4 asked him as to whether everything was alright. PW15 observed that A4 was exceedingly polite on that day. 15 minutes thereafter two boys entered the office of Jains with pistols in their hands. One of the two persons had caught hold of the watchman Vishnu from his neck and the other was waiting outside the gate of the office. The persons who had pistols in their hands and had entered the office inquired, "who is Pradeep?". When Pradeep Jain replied that he was Pradeep Jain, both the aforesaid persons showered bullets on him. They also fired at Sunil Jain (PW15) and went away. During investigation the aforesaid two persons have been identified to be Rajesh Igwe (A10) and Sunil Nair (A12). As already noticed, A10 has died in an encounter with the police on 27.11.1995 and Sunil Nair (A12) is absconding. The person who stood outside the cabin of the deceased has been identified to be Subhash Bind (A5). After the shots had been fired at and the accused walked away, the witnesses found both the brothers in the pool of blood. Anil Kumar Pillai (PW11) thereafter rang the Police Control Room from the cabin of the deceased and informed about the incident. Ashok Jain (PW45) who was in the bunglow upstairs also reached on the spot. PW11, PW15, PW45 and Watchman Vishnu put Pradeep Jain in the car and took him to the Cooper Hospital where Pradeep Jain was declared brought dead. However, Sunil Jain, injured was admitted in the hospital as Indoor Patient.

(8) In the meetings which were held in the office of accused No.1 Bharat Raghani under his very nose, accused No.3 Subedarsingh and accused No.4 Shaukatali threatened the Jain Brothers asking them to sign the documents. (9) The women folk in the house of Jai Brothers were threatened on phone and the caller used to tell sometimes that he was Shaukatali and sometimes that he was Bharat Raghani and they were speaking from the office of Bharat Raghani. (10) Accused No.4 Shaukatali about 8-10 days prior to the date of offence asked PW12 Abdul Kadir Shaikh, that he would advise his friend Pradeep Jain that "Pradeep Jain balbacchewala aadmi hai, usne gali Diya hai, usko bolo mafi maang lo, baat khatam ho jayegi." These words he had uttered after telephoning the witness that Pradeep Jain had abused Abu Salem. Accused No.3, a day or two thereafter, again inquired with this witness as to whether he had spoken about the same to Pradeep Jain. The witness avoided to tell the truth telling that he did not meet Pradeep Jain and he should not talk on that matter again to him. Still a day or two thereafter, Shaukatali telephoned him and inquired with him as to whether he had any discussions with Pradeep Jain and then he told him that he should not contact him again on that count and saying so, he disconnected the phone.

The reliance of the learned counsel on Sharafathussain's case(supra) is misplaced, as rightly pointed out by the trial court. In that case, admittedly, in none of the four confessions any memorandum was appended and PW6 who recorded the confessional statement, when appeared in the Court did not testify about his such satisfaction or belief. That is not the position in the present case where PW38 has categorically stated that "I was satisfied that he was voluntarily making the confessional statement. Still I give him time to think over the matter. I also warned him that he will be called again on 28th August, 1995 for recording the confessional statement.... From the question I had put and the replies which he had given, I was convinced that the accused is giving the statement voluntarily." The confessional statements of A5 and A6, Exhibits 147 to 150 are, therefore, held to have been voluntarily made and legally recorded which are admissible in evidence and can be used against all or some of the accused in the light of other evidence produced in the case. In his confessional statement Subhash Bind (A5) had stated that at the time of murder of Pradeep Jain, he along with Rajesh Igwe (A10), Sunil Nair (A11), Udai Pawar (A12), Sekhar Kadam (A6) and Sanjay Kadam (A13) were present at the place of occurrence. He was friendly with Udai Pawar (A12), Sekhar Kadam(A13), Rajesh Igwe (A10), Sunil Nair (A11), and Sanjay Kadam (A13). Udai Pawar (A12) was working in Rubi Mills, Dadar but that work did not soothe his criminal nature. He along with Sekhar Kadam (A6) and Sanjay Kadam (A13) were earlier arrested in 1991-92 in connection with threatening and murdering at Dongriwali in which he was released on bail. Since the accused was jobless and could not get a job, he was persuaded by accused Sekhar Kadam and Sanjay Kadam to work with them for which he would be highly rewarded. When asked about the nature of the work, he was told that he would have to do fighting, kidnapping and murder, etc. He came to know the connections of the other accused persons with Dawood Ibrahim. Under the directions of Udai Pawar (A12),he and Sunil Nair (A11)had opened firing at the owner of Hamco Steel Centre, Andheri on 31st October, 1994. On 7.3.1995 the said accused Rajesh Igwe (A10), Sunil Nair (A11), Udai Pawar (A12), Sekhar Kadam (A6) and Sanjay Kadam (A13) had all fired at Pradeep Jain. He along with others had also kidnapped one Harish Bhatia of Kandiwoli. Udai Pawar was having contacts with Abu Salem (A9) and Anees Ibrahim of Dawood Ibrahim gang in Dubai over the phone where he used to call frequently. The accused used to get Rs.500 to Rs.700 per week besides Rs.5,000/- to 10,000/- after every firing. He had learnt to handle revolver, pistol loading, etc. when he was in the Army attachment camp of NCC. Rajesh Igwe (A10), after calling on telephone numbers 009714226670 and 009714242939 at Dubai told him that "Bhai" had ordered to murder Pradeep Jain. By "Bhai", he meant Abu Salem (A9). He was further told that Rajesh Igwe (A10) and Suni Nair (A11) would stand in front of Mithibai College at a time when a person would come and show the house of Pradeep Jain. Rajesh Igwe (A10) had told Sekhar Kadam (A6) that Pradeep Jain was causing obstruction in a land transaction whereas his other two brothers were ready and when Bhai (A9) contacted Pradeep Jain, he talked to him rudely which invited the wrath of Bhai to order his murder. They had kept the watch on the house of Pradeep Jain for one week. Rajesh Igwe (A10) had made a plan to attack Pradeep Jain. As per plan Rajesh Igwe (A10) and Sunil Nair (A11) were to inquire from the watchman of the building as to whether Pradeep Jain was in the office or not. The moment watchman said yes, both of them were to take him to the office at the point of revolver and Udai Pawar and Sekhar Kadam were supposed to be on the main gate to ensure that none else entered the premises. Sanjay Kadam was to stand on the road to keep a watch outside. On 7.3.1995 in the evening Subhash Bind (A5), along with Rajesh Igwe (A10), Sunil Nair (A11), Udai Pawar (A12), Sekhar Kadam (A6) and Sanjay Kadam (A13) assembled on the ground behind the house of Sunial Nair at Motilal Nagar No.1. He took revolver .38. Sekhar Kadam had a small pistol of 7.65 bore whereas Udai Pawar had a small pisto of .32 bore. A5 had brought one 9 mm revolver and .38 bore revolver in a plastic bag. 9 mm pistol was taken by Rajesh Igwe and .38 bore revolver was taken by Sunil Nair. All the weapons were filled with live cartridges. After the distribution of weapons behind the house of Sunil Nair, all the aforesaid accused persons travelled by bus route No.252 to the house of Pradeep Jain at about 1930 hours. They stood at some distance in front of the bunglow and kept a watch. At about 8 or 8.15 p.m., the watchman of Pradeep Jain came out with the kids. While he was going in, the small kids ran inside. When watchman was walking towards the gate, Rajesh Igwe (A10) caught hold of him and took him inside with the assistance of Sunil Nair (A11). Sekhar Kadam and Udai Paward closed the gates. Rajesh Igwe (A10) and Sekhar Kadam (A6) entered through the glass door along with the watchman and A5 stood outside the glass door. He heard the sound of firing whereafter Rajesh Igwe and Sunil Nair and the other accused came out and starting running. They came to the Rickshaw stand from where they left for Andheri. He was paid Rs.10,000/- for this attack by Rajesh Igwe (A10). He confessed that he along with Shashikant Yadav had brought the weapons from Bhendi Bazar. He gave the details of how the weapons were earlier supplied to them. He further confessed that whenever he needed money, he used to contact Bhai, i.e. A9 over the telephone who would tell him to go to Jogeshwari or Bandra, Mahim, Haji Ali, Bhendi Bazar, etc. where a person used to come and give him the requisite money.